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AIAI
SUMMARY OF P3 LEGISLATIVE STATUS:
Enabled for transportation and related facilities. Includes municipal buildings.

Does this state have broadly enabling P3 legislation?

The breadth of Colorado’s statutory authority to procure public works through alternative delivery methods, including P3s, is only limited in that it does not expressly allow for water projects (except as may be possible through home rule authority at the local level). Colorado does otherwise allow for a broad range of transportation asset classes and municipal facilities, at the state, county, regional and municipal levels.

Does the state allow for unsolicited proposals?

CDoT and HPTE are authorized to accept, review and assess unsolicited proposals. The Regional Transit Authority, a separate transit entity, also has a policy for unsolicited proposals, and the City of Denver is developing theirs.

What is the P3 contract approval authority?

CDOT has the authority to execute contracts, including P3s. Other procurement agencies which are eligible to execute contracts do not require additional approval of the legislature.

What is the state's P3 procurement process?

Competitive review of proposals, whether solicited or the result of unsolicited proposal submission.

Does the state have resources dedicated to P3s?

HPTE is dedicated to P3 for state level transportation projects. Regional transportation district for mass transit projects; counties for county highways, bridges and toll facilities.

Is this a Home Rule state, with limitations or opportunities for P3?

Certain municipalities within the state are exempt from Dillon’s Rule. In Colorado, if a home rule entity wants to do P3, it could do so through charter or ordinance. Regional cooperation and state assistance (approval & funding) are considerations for public works infrastructure.

Does this state have programmatic requirements for MWDBE participation?

Such participation is managed in accordance with state procurement guidelines, and is not specifically addressed in P3 statute. Sources of funds dictates compliance, including specific provisions for MWDBE participation, based on use of Federal funding.

Does this state have programmatic requirements for labor participation?

Labor stipulations are managed in accordance with state procurement guidelines, and not specifically addressed in P3 statute. Sources of funds dictates compliance, including specific provisions for Davis-Bacon compliance, based on use of Federal funding.

Does this state have programmatic requirements for performance security?

Payment and performance guarantees are managed in accordance with state procurement guidelines, and not specifically addressed in P3 statute. Sources of funds dictates compliance, including specific provisions for Miller Act compliance, based on use of Federal funding.

For what types of financing programs are P3 projects eligible?

CDOT, and specifically HPTE may combine Federal, State, local and private funds to finance a public-private transportation project. It should be noted that TIFIA loans are not specifically identified as such a financing resource. The relevant law permits local / state / Federal funds to be combined with private sector funds on a P3 project.

What project types or asset classes are eligible for P3s in this state?

Broad range of transportation asset classes and municipal facilities, at the state, county, regional and municipal levels.

Are there projects where the P3 procurement method has been applied?

US-36 Bus Rapid Transit & Express Lanes; Eagle P3 RTD (mass transit); Union Station (regional rail interconnect); Jeppeson Great Hall-Denver International Airport; Central 70 Express Lanes; Northwest Parkway.